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Archive: 25 October 2023

Posts in 25 October 2023

No section 69 addition in hand of shareholder for unexplained investment

October 25, 2023 606 Views 0 comment Print

Case study: JCIT vs. Ajay Sharma. Read NFAC introduction to the case & its findings on Rs. 1.95 crores addition on account of unexplained investment under Section 69 of Income Tax Act.

Explained Gold Jewellery in Survey cannot be treated as Unexplained Investment

October 25, 2023 438 Views 0 comment Print

ITAT Chennai’s ruling in the case of Fathima Jewellers vs. DCIT clarifies that excess gold jewellery stock found during a survey isn’t unexplained investment under IT Act.

ITAT Deletes Penalty: Failure to file Form No. 3CEB due to CA’s Opinion

October 25, 2023 660 Views 1 comment Print

The Income Tax Appellate Tribunal (ITAT) in Pune deleted the penalty in the Jyoti Paper Udyog Ltd Vs. ACIT case due to non-production of Form No. 3CEB under Section 92E.

No Service Tax on GSA Commission from Foreign Airlines: CESTAT Chandigarh

October 25, 2023 366 Views 0 comment Print

CESTAT Chandigarh rules that General Sales Agent (GSA) commissions received by Bird Travels P Ltd. from foreign airlines for promoting and marketing services are not subject to service tax.

ITAT Directs Re-adjudication for Deduction u/s 80IB(10) on Combined Residential & Commercial Project

October 25, 2023 360 Views 0 comment Print

ITAT Pune directs reconsideration of an appeal by Gajanana Developers against disallowance of deduction under Section 80IB(10) of the Income Tax Act. Find out more.

Mis-declaration cannot be alleged with Incomplete Evidence & Violation of Natural Justice

October 25, 2023 741 Views 0 comment Print

CESTAT Ahmedabad ruled that mis-declaration allegations without complete evidence and violation of natural justice cannot be upheld.

Penalty Not Leviable under Section 271AAA Without Specific Inquiry

October 25, 2023 663 Views 0 comment Print

In a case of Vikram Dhirani vs. DCIT, ITAT Delhi rules in favor of the assessee, deleting the penalty under section 271AAA due to the lack of opportunity to explain undisclosed income source during search proceedings.

ITAT upheld validity of rectified partnership deed

October 25, 2023 507 Views 0 comment Print

Neeraj Gas Movers successfully argues for the validity of a rectified partnership deed, leading to the approval of salary and interest claims by ITAT.

CBDT Circular doesn’t Apply to Non-Penny Stock Share Transactions

October 25, 2023 768 Views 0 comment Print

DCIT vs. Krishan Kumar case: ITAT Delhi dismisses appeal by the Department regarding share transaction, ruling it doesn’t fall under the CBDT Circular exception.

Assessee’s Valuation Report cannot be discredited without DVO’s Report

October 25, 2023 576 Views 0 comment Print

In the case of Shekhar Bharti vs. ITO (ITAT Delhi), the article explores how the valuation report was discredited, affecting the tax assessment.

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